Re: [Videolib] copyright question help

Brewer, Michael (brewerm@u.library.arizona.edu)
Mon, 23 Mar 2009 14:20:35 -0700

All,

I agree with most of what Gary says here, but I question what he says
"off loading" viewing. The whole idea of a hybrid course (which TEACH
was created to support) is to move what can be done out of the classroom
(and online) online and better utilize class time for those things that
must be done face to face. Sometimes this may be watching clips (so
that discussion can immediately follow), but not always. Sometimes it
may be better to allow students to watch the clips outside of class (to
absorb them, to rewatch if needed, etc) and focus class time on other
things. Now anything put up to view using TEACH as a justification does
have to be an integral part of the course (part of an assignment, etc.)
and can't just be "recommended" materials. I most certainly agree with
that.

mb

Michael Brewer
Team Leader for Undergraduate Services
University of Arizona Library
brewerm@u.library.arizona.edu

-----Original Message-----
From: videolib-bounces@lists.berkeley.edu
[mailto:videolib-bounces@lists.berkeley.edu] On Behalf Of
ghandman@library.berkeley.edu
Sent: Monday, March 23, 2009 2:10 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] copyright question help

Hi

Well, here's my take. While there may be some fair use/TEACH provision
for putting up short clips in the course of regular curricular work, the
DMCA forbids circumvention DVD encryption for the purpose of extracting
clips. Also (and others can weigh in on this) it seems to me that the
spirit (if not the letter) of TEACH is that the clips made available for
remote access are there because they are in integral part of
face-to-face
teaching. If the prof simply wants to off-load viewing so that he or
she
doesn't have to take the time to screen stuff in class...I dunno. I
think
that's pushing the TEACH envelop until it shreds...

I think the last clause you cite is saying that you can digitize clips
from an analog work if it can be shown that a protection-free digital
copy
IS NOT available.

...or something.

Gary

> I know this question has come up several times. I may wasn't paying
> attention or still did not hear an answer, or I am still confussed.
>
> A professor wants to put some clips of some documentaries on
Blackboard.
> If I read correctly this is ok under the TEACH act and Fair USe, off
> course under a lot of conditions (a lot of them technological
> requirements). But also, talks about reasonable amounts and portions.
> What is a reasonalble amount? 10% or 3 minutes? I read that somewhere.
>
> TEACH Act alos talks about if the work would be part of what the
professor
> will use in class and so on.
> I really don't uderstanda this part:
>
> FOR DIGITIZING ANALOG WORKS, NO DIGITAL VERSION OF THE WORK IS
AVAILABLE
> FREE FROM TECHNOLOGICAL PROTECTIONS THAT WOULD PREVENT THE USES
AUTHORIZED
> IN SECTION 110.
>
> So, can we or not take a DVD and stream portions and put them min
> blackboard for a semester, for students to review?
> Or we need to get permissions?
>
> Thanks
> Cindy
>
>
> __________________________________________________
> Cindy Badilla-Melendez
> Media Resources Librarian
> O'Shaughnessy-Frey Library,
> University of St. Thomas
> Mail #5004, 2115 Summit Ave,
> St Paul, MN 55105
> phone (651) 962-5464
> fax (651) 962-5406
>
>
> VIDEOLIB is intended to encourage the broad and lively discussion of
> issues relating to the selection, evaluation,
acquisition,bibliographic
> control, preservation, and use of current and evolving video formats
in
> libraries and related institutions. It is hoped that the list will
serve
> as an effective working tool for video librarians, as well as a
channel of
> communication between libraries,educational institutions, and video
> producers and distributors.
>

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

510-643-8566
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

"I have always preferred the reflection of life to life itself."
--Francois Truffaut

VIDEOLIB is intended to encourage the broad and lively discussion of
issues relating to the selection, evaluation, acquisition,bibliographic
control, preservation, and use of current and evolving video formats in
libraries and related institutions. It is hoped that the list will serve
as an effective working tool for video librarians, as well as a channel
of communication between libraries,educational institutions, and video
producers and distributors.

VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.